Jersey City Slip and Fall Lawyer
Slip and fall accidents are common causes of serious injuries in New Jersey, including hip fractures and concussions. If you were recently injured in a slip and fall accident, our Jersey City slip and fall lawyers can help you protect your rights and pursue financial compensation from a property owner or another party. Discuss your case in detail with one of our attorneys at no cost or obligation today. Request your free consultation at (201) 997-0030.
Jersey City Slip & Fall Resources
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Why Hire a Jersey City Slip & Fall Attorney?
Common Causes of Slip & Fall Accidents
What is the Duty of Care in a Slip and Fall Case?
Who is Responsible for Your Accident?
Proving Negligence in a Slip and Fall Lawsuit
What Damages May Be Available?
Is There a Statute of Limitations on Injury Cases?
What to Do After a Slip and Fall Accident
How Much Does an Experienced Lawyer Cost?
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Why You Should Hire a Jersey City Slip and Fall Attorney
Insurance companies are experts at building legal defenses and avoiding large payouts. An insurance company will try many different tactics to protect its own bottom line, including devaluing your injuries, claiming that you have pre-existing injuries or wrongfully denying your claim. You cannot depend on an insurance company to treat your slip and fall claim fairly. You can, however, protect yourself by hiring a slip and fall attorney.
A Jersey City slip and fall accident attorney can handle all of the legal and insurance aspects of your premises liability case. Among other things, your lawyer can investigate your fall, address your concerns, determine the defendant, prepare evidence and build a compelling injury claim on your behalf. The right Jersey City personal injury attorney can also represent you at court, if necessary, for maximum financial recovery. Most importantly, a lawyer can make you feel heard and seen during the injury claims process.
Common Causes of Slip, Trip and Fall Accidents
One of the first steps in pursuing financial compensation for a fall accident in New Jersey is determining the cause of your slip and fall. The cause of your fall matters, as the person or entity at fault for your fall accident is financially responsible (known as liable in legalese), in most cases. Some of the most common causes of slip, trip and fall accidents in Jersey City are:
- Ice or snow
- Wet or slippery floors
- Greasy floors
- Recently mopped or waxed floors
- Spilled drinks or food
- Cluttered walkways and aisles
- Cracked sidewalks
- Poor lighting
- Exposed cords or wires
- Uneven floor surfaces
- Dangerous staircases
- Loose floorboards
You will only have grounds to file a slip and fall lawsuit in New Jersey if one or more parties reasonably should have prevented your accident, such as a store employee mopping up a spill in a timely manner. A Jersey City slip and fall accident lawyer from Brady Reilly & Cardoso, LLC can provide a comprehensive investigation of your slip and fall accident to look for signs of fault. Then, we can help you go up against the responsible party in pursuit of maximum financial compensation.
What is the Duty of Care in a Slip and Fall Case?
In slip and fall cases, the law creates different categories for victims depending on their relationship to the property. These categories are important because they dictate the level of care that property owners must take in order to avoid being held liable in the event of an accident.
An invitee is somebody who is on a property for business reasons. This would include things like customers at a store or patients at a doctor’s office. Property owners owe invitees the highest duty of care, which means that they must take reasonable steps to inspect the property for hazards and must also warn invitees of any known dangers.
A licensee is somebody who has your permission to be on the property but isn’t there for the property owner’s financial gain. This includes people like party guests or visiting family members. While the property owner is not responsible for their safety to the same extent as invitees, they do have a duty to warn them of any dangerous conditions which you know about and which they are unlikely to notice.
A trespasser is someone who enters the property without permission from the owner. Property owners do not owe trespassers a duty of care, with one exception—the owner cannot intentionally injure a trespasser. If a trespasser is injured due to a hazard on the property, the property owner will not be held liable unless it can be shown that the injury was caused intentionally by the owner.
Who Is Responsible for a Slip and Fall Accident in New Jersey?
Slip and fall accidents are a type of premises liability claim. Premises liability is a legal concept that holds a property owner financially responsible for any injuries or damages arising out of a defect on that person’s property. These damages can include medical costs, lost income, and pain and suffering.
To have grounds for premises liability claim after a slip and fall accident, you or your slip and fall attorney must have evidence of five main elements:
- The defendant was in control of the property where you fell.
- A defect or hazard on the property caused or significantly contributed to your slip and fall accident.
- The defendant knew or reasonably should have known about the defect or hazard but did nothing to remedy it.
- You were lawfully on private property or on public property at the time of the accident.
- You suffered compensable losses in the accident, such as physical injuries or medical bills.
Proving a slip and fall injury case requires a preponderance of the evidence. This evidentiary standard means enough clear and convincing evidence to establish that the defendant is more likely than not to blame for your accident. In civil law, it is the injured victim’s burden to prove a case, not the defendant’s. A slip and fall accident lawyer can help you by preserving and gathering key evidence to support your case.
Proving Negligence in a Slip and Fall Lawsuit
If you’ve been injured in a slip and fall accident due to the negligence of another party, you may have the right to file a lawsuit for damages. In order to do so successfully, however, you must prove negligence. Here’s what you need to know about proving negligence in a slip and fall lawsuit.
The Duty of Care
The first step in proving negligence is showing that the defendant owed the victim a duty of care. That means that the defendant was responsible for maintaining their property in a safe condition for guests or visitors. As stated above, the duty of care varies depending on the type of visitor on the property.
Breach of Duty
The next step is demonstrating that there was a breach of this duty, which means that the defendant failed to meet their obligations regarding safe premises. This could be shown by providing evidence that they failed to maintain the property in a safe condition, failed to correct known hazards on their property, or failed to warn guests or visitors about potential hazards they might encounter while visiting.
You must then show how this breach caused your injury. This requires linking your injury directly to something caused by the defendant’s failure. For instance, slipping on liquid left on the floor because it had not been cleaned up properly. You will need evidence such as eyewitnesses or photographs taken at the scene of your injury that demonstrate.
Finally, it is important to show that you suffered losses stemming from your injury, known as damages. Damages typically include all losses related directly back to your slip and fall accident.
What Damages May Be Available in a Slip and Fall Lawsuit?
If you or a loved one has been injured due to a fall on someone else’s property, it is important to understand your legal rights. There are several types of damages available in a slip and fall lawsuit, including (but not limited to) the following:
If you have been injured in a slip and fall accident, you may be entitled to compensation for medical expenses related to your injury such as doctor’s visits, hospital stays, physical therapy, medications, and any other costs associated with treating your injury. This can also include future medical expenses if the injury is likely to require ongoing treatment.
If your injuries prevent you from working, you may be able to receive compensation for lost wages during that time period. Additionally, if you have suffered long-term disability due to the accident or had to take a lower paying job because of it, this can also be included in your damages claim.
Pain and Suffering
In addition to medical bills and lost wages, an experienced attorney can help you determine if you should be compensated for pain and suffering related to your accident. Pain and suffering covers both physical pain from the injury itself as well as emotional distress related to the incident such as anxiety or depression.
What is the Statute of Limitations in a Jersey City Slip and Fall Case?
The statute of limitations sets out the amount of time you have to take legal action after an injury has occurred. In New Jersey, the statute of limitations for a slip and fall case is two years. This means that if you wait longer than two years after your injury, you will no longer be able to pursue a legal claim or lawsuit against the person or entity responsible for your accident.
It is also important to note that there are certain exceptions that can extend this timeframe. For instance, if the injured party was under 18 at the time of the incident, the statute of limitations may be extended.
Additionally, if you were unaware of your injuries until some time after your accident occurred, this can also extend the statute of limitation period. It is best to speak with an experienced attorney as soon as possible to determine whether any extensions apply in your case.
What to Do After a Slip and Fall Accident in New Jersey
If you slip and fall down in a store, restaurant, bar, office, school or elsewhere, try to remember to take certain actions to protect your legal rights. You can take steps to start building a claim right away, while still at the scene of the accident. These steps include:
- Checking yourself for injuries. Although your first instinct may be to jump back to your feet out of embarrassment, stay where you are and check yourself for any pain, discomfort, swelling, bruising, tingling or numbness. Keep in mind that you may have injuries even if you don’t immediately notice symptoms. For particularly severe injuries, you may require a brain or spinal cord injury lawyer in Jersey City.
- Reporting the accident. Find a supervisor, store manager or the property owner to report your accident without delay. Explain what happened and ask for an accident report. Request copies of any CCTV video footage that may have caught the fall on tape, as well. Do not accept or admit blame for the accident.
- Documenting your fall. Take photographs of the scene of the accident before you leave, focusing on the hazard or defect that made you slip. Write down the names of any eyewitnesses. While the accident is still fresh in your mind, write your own description of events. Keep the clothes and shoes you were wearing.
- Going to a hospital. Obtain professional medical care in Jersey City immediately, even if you feel fine. You may have hidden or delayed symptoms, especially if you suffered a traumatic brain injury or back injury.
- Meeting with a lawyer. Consult with a Jersey City slip and fall accident attorney before you begin the insurance process. An attorney can help you understand your rights and list your legal options moving forward.
Taking these steps can protect your health and strengthen your premises liability claim. If you are unable to complete all of these steps after your accident, however, don’t worry. An experienced and skilled slip and fall accident lawyer can take over your claim to optimize your odds of success.
How Much Does it Cost to Hire a Jersey City Slip and Fall Lawyer?
Most personal injury lawyers operate on a contingency fee basis. This means that the attorney does not charge you an upfront fee for their services. Instead, the lawyer agrees to represent your case for free with the understanding that they will receive a percentage of any settlement or verdict awarded from your case.
The exact percentage will vary depending on the lawyer you hire, but it’s typically between 33% and 40%. Usually, if you do not receive any monetary award, you don’t owe the lawyer any payment.
In addition to the contingency fee, some lawyers may require that you pay court costs associated with your case out-of-pocket. This includes filing fees, deposition costs (if necessary), research costs, witness fees (if applicable), etc.
These are generally separate from the legal fees charged by the attorney because they are directly related to the cost of bringing your case to trial or negotiating a settlement agreement with opposing counsel. These costs vary depending on the complexity of your case and can be discussed further during initial consultations with potential attorneys.
Contact Our Jersey City Slip and Fall Attorney
If you or a loved one has a serious injury from a recent slip and fall accident in Jersey City, help is available. The attorneys at Brady Reilly & Cardoso, LLC are passionate advocates for those injured in premises liability accidents throughout New Jersey. Find out how our slip and fall attorneys can help you recover after a slip and fall accident today. Request a free consultation at (201) 997-0030.